2017 ORS 181A.400¹
Authority of Department of Public Safety Standards and Training to require fingerprints

(1) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195 (Criminal records check), the Department of Public Safety Standards and Training may require the fingerprints of a person who:

(a) Is employed or applying for employment by the department;

(b) Provides services or seeks to provide services to the department as a contractor, vendor or volunteer; or

(c) Is applying to be certified as a public safety officer, is applying to be reissued certification as a public safety officer or is an applicant or public safety officer who is under investigation by the department.

(2) Notwithstanding ORS 181A.195 (Criminal records check) (5) and (6), the Department of State Police shall maintain in the department’s files the fingerprint cards used to conduct a criminal records check on persons described in subsection (1)(c) of this section.

(3) ORS 181A.195 (Criminal records check) (10) does not apply to the Department of Public Safety Standards and Training when the department makes denial or revocation decisions regarding persons described in subsection (1)(c) of this section.

(4) The department and an employee of the department acting within the course and scope of employment are immune from any civil liability that might otherwise be incurred or imposed for making denial or revocation decisions regarding persons described in subsection (1)(c) of this section. The department, an employee of the department acting within the course and scope of employment and an employer or employer’s agent who in good faith comply with the requirements of ORS 181A.640 (Grounds for denial, suspension or revocation of application or certification of person or accreditation of program), any rules adopted by the department and the decision of the department or employee of the department acting within the course and scope of employment are not liable for employment-related decisions based on decisions made under ORS 181A.640 (Grounds for denial, suspension or revocation of application or certification of person or accreditation of program). The department or an employee of the department acting within the course and scope of employment is not liable for defamation or invasion of privacy in connection with the lawful dissemination of information lawfully obtained under ORS 181A.195 (Criminal records check). [Formerly 181.612; 2017 c.228 §3]

Note: 181A.400 (Authority of Department of Public Safety Standards and Training to require fingerprints) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

1 Legislative Counsel Committee, CHAPTER 181A—State Police; Crime Reporting and Records; Public Safety Standards and Training; Private Security Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors181A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.